Marriage Separation Agreements
As experienced family law practitioners, we are conscious of the enormous emotional upset caused by the irretrievable breakdown of a marriage. We understand that we are meeting you at probably the most challenging period in your life. By guiding you through the legal issues which arise in the context of the separation process we can make both the practical and legal consequences of separation far less traumatic for you and your family.
If you and your spouse have already agreed upon the broad terms of your separation either during the course of Mediation or by way of mutual discussion and agreement we can put those terms into a legally binding contract called a Deed of Separation or Separation Agreement. Many individuals incorrectly assume that an agreement reached in the context of Mediation is legally binding. In fact this is totally incorrect and it is vitally important that if you have reached agreement in the context of Mediation that you contact a Solicitor with a view to having your Mediation Agreement incorporated into a legally binding contract.
If consensus as to the terms of your separation cannot be reached with your spouse we will represent your interests in a robust yet calm and constructive way. Our family lawyers have a wealth of experience providing excellent legal representation for clients in the context of Judicial Separation proceedings.
Judicial Separation – Ancillary Orders
A Judicial Separation is where the Court makes an Order formally declaring that you and your spouse are no longer legally obliged to live together. The Court then decides upon the actual terms of your separation – this is what is referred to as ‘Ancillary Orders’. The Court will make Ancillary Orders as to Custody and Access arrangements for any dependent children, Orders in relation to what will happen to your family home, Orders in relation to maintenance and any other property and assets including pension policies. The Court may also make an Order in relation to inheritance rights.
Whether your Separation is contentious or non-contentious we will provide you with all of the advice, guidance and legal information you need to ensure that you achieve the best possible outcome to your family law case.